Simone Lawson
The Confederate Constitution, approved in 1860, had several passages related to slavery that differed from the U.S. Constitution. While slavery was not explicitly mentioned in the Confederate Constitution, it included provisions that protected the institution of slavery and ensured its perpetuation. These provisions included the recognition and protection of slavery in all territories acquired by the Confederate States, the right of slaveowners to travel between Confederate states with their slaves, and the counting of enslaved people as three-fifths of a state's population. The Confederate Constitution also prohibited any Confederate state from making slavery illegal and included the word slaves, unlike the U.S. Constitution.
| Characteristics | Values |
|---|---|
| Explicit mention of slavery | Yes |
| Number of mentions | 2 |
| States' rights to abolish slavery | Prohibited |
| Protection of slavery in new territories | Yes |
| Right to travel with slaves | Yes |
| Slaves as 3/5th of state population | Yes |
| Right of property in slaves | Yes |
| Number of times "slave" is mentioned | 2 |
| Number of times "slaves" is mentioned | 1 |
| Number of times "slavery" is mentioned | 1 |
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What You'll Learn
- The Confederate Constitution explicitly protected slavery in territories acquired by the Confederacy
- It also prohibited states from interfering with slavery
- The Confederate Constitution did not establish slavery
- The document ensured enslavers could travel between Confederate states with their slaves
- The Confederate Constitution was closer to the Articles of Confederation
The Confederate Constitution explicitly protected slavery in territories acquired by the Confederacy
The Confederate Constitution, which came into effect on March 11, 1861, did explicitly protect slavery in territories acquired by the Confederacy. The Confederate Constitution outlines the intense political and economic conflicts between the North and South dating back to colonial times. While the Confederate Constitution did not mandate slavery in the States, it did include provisions that protected the institution of slavery in the Confederate States.
Article IV, Section 2 prohibited states from interfering with slavery, stating that citizens had the right to transit and sojourn in any State of the Confederacy with their slaves, and that the right of property in said slaves should not be impaired. This article also ensured that slaves could not be freed by escaping to another state, as they would be delivered back to their owners.
Article IV, Section 3, Clause 3 offered explicit protection of slavery in all future territories conquered or acquired by the Confederacy. It stated that the Confederate States may acquire new territory and that Congress shall have the power to legislate and provide governments for these territories. In these newly acquired territories, the institution of slavery would be recognised and protected by Congress and the Territorial government. This provision ensured the perpetuation of slavery as long as and as far as the Confederate States could extend their political reach.
The Confederate Constitution also included a provision prohibiting the introduction of slaves from any State or Territory not belonging to the Confederacy. This, along with the protection of slavery in newly acquired territories, ensured the perpetuation of slavery within the Confederacy and prevented outside influences from disrupting the institution.
While the Confederate Constitution did not mention the word "slavery" in every article or section, the meaning is clear: slavery was deeply entrenched within the Confederate States and was protected by the Confederate government. The Confederate Constitution reflected the Southern economic and social models, which included slavery, and the commitment of the Confederacy to preserving slavery, even if it was not a Constitutional mandate.
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It also prohibited states from interfering with slavery
The Confederate Constitution, which came into effect on March 11, 1861, did not explicitly mandate slavery in the States. However, it did contain provisions that protected and perpetuated the institution of slavery. Article IV, Section 2 of the Confederate Constitution prohibited states from interfering with slavery. This meant that citizens of Confederate States could travel to any State within the Confederacy with their slaves and that their right to own slaves would be protected.
The exact wording of Article IV, Section 2 is as follows:
> "The citizens of each State shall be entitled to all the privileges and immunities of citizens in the several States; and shall have the right of transit and sojourn in any State of this Confederacy, with their slaves and other property; and the right of property in said slaves shall not be thereby impaired."
This article ensured that slavery would be recognised and protected in all territories under Confederate control. It also prohibited states from taking any action to abolish slavery within their borders. This article was a clear indication that the Confederacy intended to maintain and expand slavery as a key component of its economic and political system.
Furthermore, Article IV, Section 3, Clause 3 offered explicit protection of slavery in all future territories conquered or acquired by the Confederacy:
> "The Confederate States may acquire new territory; and Congress shall have the power to legislate and provide governments for the inhabitants of all territory belonging to the Confederate States, lying without the limits of the several States; and may permit them, at such times, and in such a manner as it may by law provide, to form States to be admitted into the Confederacy."
This clause ensured that any new territories gained by the Confederacy would become slave states, further entrenching slavery as a foundational aspect of the Confederate economic and political project.
While the Confederate Constitution did not explicitly mandate slavery in every state, it did contain provisions that prohibited states from interfering with slavery and protected its existence in all Confederate territories. These measures ensured that slavery would remain a central and enduring feature of the Confederate social and economic order.
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The Confederate Constitution did not establish slavery
Article IV, Section 2 of the Confederate Constitution prohibited states from interfering with slavery, stating that citizens had the right to transit and sojourn in any state of the Confederacy with their slaves. This provision ensured that slavery could be perpetuated as long as and as far as the Confederate States could extend its political reach. Additionally, Article IV, Section 3, Clause 3 offered explicit protection for slavery in all future territories conquered or acquired by the Confederacy. This clause stated that the Confederate States could acquire new territory and that Congress had the power to legislate and provide governments for these territories, recognizing and protecting the institution of slavery.
It is important to note that the Confederate Constitution did not establish slavery as a mandate. Instead, it addressed the question of slavery in the territories, a key constitutional debate at the time. The issue of slavery was left to the independent and sovereign states to decide, with the Confederate Constitution focusing on the political and economic conflicts between the North and South dating back to colonial times. The Confederate Constitution reflected the motivation to preserve and expand slavery, with the secession of the Confederate States being largely driven by this agenda.
While the Confederate Constitution did not establish slavery, it did include provisions that protected and perpetuated the institution. These provisions ensured that slavery would continue to exist and expand in the Confederate States, reflecting the motivations and intentions of its authors.
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The document ensured enslavers could travel between Confederate states with their slaves
The Confederate Constitution, approved on March 11, 1861, a week after Abraham Lincoln became president, was a document that mirrored the US Constitution of the time, with some notable differences regarding slavery and states' rights. While the US Constitution allowed states to abolish slavery, the Confederate Constitution explicitly prohibited any Confederate state from doing so.
One of the key provisions of the Confederate Constitution was its protection of slavery in all territories, including those conquered or acquired in the future. This ensured that enslavers could travel between Confederate states with their slaves, and that the institution of slavery would be recognised and protected by Congress and the Territorial government in these new territories. The document states:
> "The citizens of each State shall be entitled to all the privileges and immunities of citizens in the several States; and shall have the right of transit and sojourn in any State of this Confederacy, with their slaves and other property; and the right of property in said slaves shall not be thereby impaired."
This provision, found in Article IV, Section 2, ensured that enslavers' property rights in their slaves were protected throughout the Confederacy. It is important to note that while the Confederate Constitution did not mention the number of times slavery was protected, it did explicitly address the issue, unlike the US Constitution, which permitted states to abolish slavery without any constitutional amendments.
The Confederate Constitution also accounted for enslaved people as three-fifths of a state's population, a provision also found in the US Constitution at the time. This had significant political implications, as it influenced the number of representatives a state could send to Congress. Additionally, the Confederate Constitution required that any new territory acquired by the nation must allow slavery. This provision ensured the perpetuation of slavery as the Confederate States expanded their political reach, with some even considering Cuba and parts of Central and South America as potential targets for future conquest.
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The Confederate Constitution was closer to the Articles of Confederation
The Confederate Constitution, approved on March 11, 1861, mirrored the US Constitution in many ways, but it had more in common with the Articles of Confederation in its focus on states' rights and limited federal power. The Confederate Constitution was created by delegates from the newly formed Confederate States of America, and it controlled the lives of about 9 million people, including 3 million slaves.
The Confederate Constitution included several passages related to slavery that distinguished it from the US Constitution. Notably, it used the word "slaves," which the US Constitution did not. One article banned any Confederate state from making slavery illegal, and another ensured that enslavers could travel between Confederate states with their slaves. The Confederate Constitution also required that any new territory acquired by the nation allow slavery, and it accounted for enslaved people as three-fifths of a state's population.
The Confederate Constitution's focus on states' rights and limited federal power is evident in its provisions allowing Confederate states to impeach federal officials, collect taxes, make treaties, and create lines of credit. It also limited the president to one six-year term, while the vice president had no term limits. The Confederate Congress operated similarly to the United States Congress, with senators and representatives serving under similar rules.
While the Confederate Constitution did not have a specific mandate for slavery, it included several provisions that protected and perpetuated the institution. For example, it recognised and protected slavery in all territories of the Confederate States and allowed the inhabitants of these states and territories to take their slaves to new territories.
In conclusion, the Confederate Constitution, with its emphasis on states' rights and limited federal power, bore closer resemblance to the Articles of Confederation than the US Constitution. It also included specific provisions related to slavery that set it apart from the US Constitution, reflecting the intense political and economic conflicts between the North and South.
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Frequently asked questions
Yes, the Confederate Constitution mentions slavery.
The exact number of times the Confederate Constitution mentions slavery is unclear, but it is mentioned in several passages.
The Confederate Constitution includes the following key mentions of slavery:
- It explicitly protected slavery in all future territories conquered or acquired by the Confederacy.
- It recognised and protected the institution of slavery in all Confederate States and Territories.
- It allowed the inhabitants of the Confederate States and Territories to take their slaves to any new Territories.
- It prohibited any Confederate State from making slavery illegal.
- It ensured that slave owners could travel between Confederate States with their slaves.
- It accounted for enslaved people as three-fifths of a state's population.
Yes, there are several differences between the two constitutions regarding slavery. The Confederate Constitution used the word "slaves", unlike the US Constitution. It also included a clause explicitly protecting slavery in the territories, which was not present in the US Constitution. Additionally, the US Constitution freely permitted states to abolish slavery, while the Confederate Constitution banned Confederate states from doing so.
No, slavery was not a constitutional mandate in the Confederate Constitution. While the Confederate Constitution included several provisions protecting slavery, there was no Article, Section, or Clause establishing slavery.
